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Thread: Will i have to quit my job

  1. #1
    Junior Member canaryhill2003 is on a distinguished road
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    Default Will i have to quit my job

    I am working as a tes group-B officer in bsnl. I have been working in DOT + BSNL for last 24 years.for last 13 years i have been maintaining microwave , optical fibres and mux station, these job require a lot of field work. Two years back i suffered brain stroke and my left side is paralysed.
    Do i require to quit my job,as i have come to know that they will setup a medical board and terminate me due to my disability?
    Can`t they transfer me to some suitable job that are reserved for physically handicapped (loco motor disability)?
    what is invalid pension?

  2. #2
    Senior Member SASI is on a distinguished road
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    Due to disability no employee can be terminated. Section 47 of the Disability Act 1995 is reproduced below:

    “47. (1) No establishment shall dispense with or reduce in rank, an employee who acquires a disability during his service.
    Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits.
    Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

    (2) No promotion shall be denied to a person merely on the ground of his disability:
    Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.”

    Invalid Pension is granted on the request of the Government servant for retirement from the service on account of any bodily or mental infirmity which permanently incapacitates him/her for the service. The request for invalid pension has to be supported by medical report from the competent medical board.

    SASI

  3. #3
    Senior Member RKPATHAK is an unknown quantity at this point
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    You can be placed to a job which is less cumbersome considering your health. Invalid pension is granted to a Govt servant who has sustained serious injury while discharging his duties and unable to work and that too on his request

  4. #4
    Senior Member prasannakumar is on a distinguished road
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    Default Disability

    Sirs,
    I heard that super-numerory shall be created at the discretion of the competent authorities to accommodate physically disabled employees. I am not sure.

    Regards
    Prassanna Kumar

  5. #5
    Senior Member RKPATHAK is an unknown quantity at this point
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    It is true

  6. #6
    Junior Member canaryhill2003 is on a distinguished road
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    Thanks sir
    Still I have few doubts like
    1) BSNL is a psu wholly owned by government,are these rules applicable here too
    2) The term "during service" does it only means working hours or my job

  7. #7
    Junior Member Rodrigues is on a distinguished road
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    Sir,
    During Service does not mean working hours, It means your Job.
    "Sasi" has quoted the Disability Act 1995 Section 47 - Act is the Law of the Land the provisions are binding on all even PSU's.
    Dont be afraid, you can not be kicked out of your job.

  8. #8
    Senior Member RKPATHAK is an unknown quantity at this point
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    You need not worry. The services of an incumbent can only be terminated in case of financial irregularity. In your case you can be transferred to some other job which are easy

  9. #9
    Junior Member Rodrigues is on a distinguished road
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    Also please refer to O.M. vide F.No.3603 5/3/2009-Estt.(Res.) dated 10.06.2009 of Ministry of Personnel, Public Grievances & Pensions wherein it is clarified that " a person who acquires disability after entering into Govt. service shall get the benefit of reservation in services as provided in this Department's OM No.36035/3/2004-Estt.(Res.) dated 29.12.2005.
    2. It is hereby clarified that the OM dated 29.12.2005 does not make any distinction between persons acquiring disability before or after entering into service. An employee who acquires disability after entering into service will be
    entitled to get the benefit of reservation as a person with disability as provided in the instructions contained in the above referred OM from the date he produces a valid certificate of disability."
    God Bless
    Rodrigues

  10. #10
    Junior Member canaryhill2003 is on a distinguished road
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    Thank you everyone for their support

  11. #11
    Junior Member canaryhill2003 is on a distinguished road
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    unfortunately now and then i am still being harassed by my seniors as they are not getting a new staff because of me continuing in the post.till now nor i had been transferred neither a supernumerary post had been created even though i have submitted the disability certificate a year back

  12. #12
    Senior Member prasannakumar is on a distinguished road
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    Default Diability

    Sir,

    Hope you will be member of an association in your organization through which you can present your case to the management and seek redressal. Always be positive and hope for the best (better said than done).

    My prayers are with you

    Regards
    Prasanna Kumar

    Ps: The heading of this reply should have been disability instead of diability
    Last edited by prasannakumar; 05-07-2011 at 08:16 PM.

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